October 27, 2016

Supreme Court May Grant ‘Cert’ in Several More Bankruptcy Cases

Consumer and reorganization circuit splits are seeking Supreme Court review.

Supreme Court

October 25, 2016

Sovereign Immunity Insulates Government from Emotional Distress Claims

Section 106’s sovereign immunity waiver is not clear enough for emotional distress claims.

October 24, 2016

Fired Worker’s Entire Severance Claim Given Priority in Delaware by Judge Carey

Judge Carey distinguishes between administrative and priority claims for severance.

3rd Circuit, Delaware

October 21, 2016

Law Professors Disagree on How the Supreme Court Should Decide Jevic on Structured Dismissals

Is there flexibility to depart from bankruptcy priorities? Professors disagree.

Supreme Court

October 20, 2016

Profit-Sharing Clause Unenforceable in a Bankruptcy Lease Auction

Provision depressing debtor’s income at a lease auction is unenforceable under Section 365(f).

2nd Circuit, New York, New York Southern District

October 19, 2016

No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions

In one respect, bankruptcy judges have more authority than district judges.

7th Circuit, Illinois, Illinois Northern District

October 18, 2016

Government’s Common Law Fraud Suit Excepted from Automatic Stay

Automatic stay nonetheless may preclude collecting judgment from estate property.

4th Circuit, North Carolina, North Carolina Eastern District

October 17, 2016

Arbitration Agreements Held Unenforceable in WARN Act Litigation

Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.

3rd Circuit, Delaware

October 14, 2016

Second Circuit Bars Arbitration of Claim Subordination Dispute

Appeals court easily rules against arbitration on a core issue involving priority.

2nd Circuit

October 12, 2016

‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership

Findings of fact determine whether bankruptcy court can enter a final order.

6th Circuit, Michigan, Michigan Eastern District